In light of the material available on record for Criminal Code of Conduct (CR PC), section 426 of the Conduct Rule (XLV of 1860), section 302/34 of the Constitution of Pakistan (1973), Article 185 (3), the appeal for suspension of sentence Specifically, the trial court's observation of the accused, who was not charged, was not established. The High Court, however, passed the arbitrary order and suspended the sentence and did not seek permission to appeal.